FISHER v. COLVIN

Filing 17

ORDER ADOPTING IN FULL 16 REPORT AND RECOMMENDATION; DENYING the plaintiff's 13 Motion for Judgment of Reversal; and GRANTING the defendant's 14 Motion for Judgment of Affirmance. See Order for further details. The Clerk is directed to close the case. Signed by Judge Beryl A. Howell on October 26, 2015. (lcbah1)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
RANDELL FISHER,
Plaintiff,
Civil Action No. 14-1622 (BAH)
v.
Judge Beryl A. Howell
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Defendant.
MEMORANDUM AND ORDER
The plaintiff, Randell Fisher, brought this action against the Acting Commissioner of
Social Security, seeking to reverse an Administrative Law Judge’s (“ALJ”) decision that he was
not disabled within the meaning of the Social Security Act from April 15, 2008 through
September 30, 2009. This case was randomly referred to a Magistrate Judge for full case
management. See Order, ECF No. 4. Thereafter, the defendant lodged the administrative record,
Administrative Record, ECF No. 10, the plaintiff moved for Judgment of Reversal (“Pl.’s
Mot.”), ECF No. 13, and the defendant moved for Judgment of Affirmance (“Def.’s Mot.”), ECF
No. 14. On October 2, 2015, the Magistrate Judge issued a report and recommendation, which
recommended that the plaintiff’s motion be denied and the defendant’s motion be granted.
Report and Recommendation (“R&R”) at 24, ECF No. 16.
District courts “‘must uphold the [Commissioner’s] determination if it is supported by
substantial evidence and is not tainted by an error of law.’” Id. at 5 (quoting Smith v. Bowen,
826 F.2d 1120, 1121 (D.C. Cir. 1987)) (alteration in the original). The plaintiff challenges the
ALJ’s decision based on five grounds, all of which were rejected in the R&R. Specifically, the
R&R concluded that: (1) No contradiction is presented by the ALJ’s denial of disability benefits

for an earlier period and an award of benefits for a subsequent period of time, id. at 17; (2) the
ALJ, in fact, considered the plaintiff’s testimony and only discounted portions that are not
entirely credible “in light of the record medical evidence and treatment notes,” id. at 19; (3) the
ALJ included limitations relating to the plaintiff’s neck and spine by limiting the plaintiff to light
work, light pushing and pulling, no overhead reaching and no lifting or carrying above the
shoulder level, id.; (4) the ALJ correctly declined to give controlling weight to the plaintiff’s
treating physician’s opinions when they were inconsistent with the physician’s own notes on the
record, id. at 20–21; and, lastly, (5) the ALJ correctly discounted the weight of the consulting
physician’s opinions where his conclusions were belied by his own observations, id. at 22–23.
Consequently, the R&R recommended that the plaintiff’s Motion for Judgment of Reversal be
denied and the defendant’s Motion for Judgment of Affirmance be granted. Id. at 23.
The R&R cautioned the parties that failure to file a timely objection within 14 days of the
parties’ receipt of the R&R could result in their waiving the right to appeal an order of the
District Court adopting the recommendations. See id. at 24. No objection to the R&R has been
timely filed, and the time to file such an objection has lapsed. See Local Civil Rule 72.3(b).
Thus, any objections are deemed waived. See, e.g., Thomas v. Arn, 474 U.S. 140, 149–55
(1985).
The Court, upon independent consideration of the pending motion and the entire record
herein, concurs with the recommendations made in the R&R. Accordingly, it is hereby
ORDERED that the Report and Recommendation, ECF No. 16, is ADOPTED in full;
and it is further
ORDERED that, for the reasons stated in the Report and Recommendation, the
plaintiff’s Motion for Judgment of Reversal, ECF No. 13, is DENIED; and it is further

ORDERED that, for the reasons stated in the Report and Recommendation, the
defendant’s Motion for Judgment of Affirmance, ECF No. 14, is GRANTED.
SO ORDERED.
This is a final appealable order.
Date: October 26, 2015

Digitally signed by Hon. Beryl A. Howell
DN: cn=Hon. Beryl A. Howell, o=U.S.
District Court for the District of Columbia,
ou=United States District Court Judge,
email=[e-mail].g
ov, c=US
Date: 2015.10.26 13:49:10 -04'00'

__________________________
BERYL A. HOWELL
United States District Judge